Extracts from Judgment of Honourable Chief Justice,

High Court of Kerala

Writ Petition 1

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON

23-11-2020, ALONG WITH WP(C). NO. 20768/2020(S), THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:

Writ Petition 2

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON

23-11-2020, ALONG WITH WP(C). NO.20500/2020(S), THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:

// Relevant Extracts for the VLTD industry from the Judgment of Honourable High Court of
Kerala
JUDGMENT

Dated this the 23rd day of November, 2020

S. Manikumar, CJ

1.W.P.(C) No.20500 of 2020 is filed for the following reliefs:

i. To issue writ, order or direction in the nature of mandamus or any other appropriate
writ directing the respondents to implement strictly and in its full spirit, the provisions of
Exhibit-P3 notification dated 28.11.2019 with regard to the fitting of Vehicle Tracking
System and emergency buttons in public transport vehicles, in the interest of justice.

ii. To direct the 3rd respondent – The Transport Commissioner, Trivandrum, or its
subordinate officers to have strict checking in the matter with regard to the
Extracts from Judgment of Honourable Chief Justice,
High Court of Kerala

implementation of Exhibit-P3 notification dated 28.11.2019 and not to grant any

exemption to any category of vehicle, as it would go against the scheme and
objective of the scheme.

2. W.P.(C) No.20768 of 2020 is filed for the following reliefs:

i. Issue a writ of mandamus or other appropriate writ or order commanding respondents

2, 3 and 4 viz., State of Kerala represented by the Principal Secretary to the
Government, the Transport Commissioner, and the Regional Transport Commissioner,
Thiruvananthapuram, to strictly enforce Section 136A of Motor Vehicles Act, 1988 and
Rule 151A of Kerala Motor Vehicles Rules, 1989 to be equipped and fitted with Vehicle
Location Tracking Device in all motor vehicles.

ii. Direct respondents 2 to 4 not to allow any vehicles within the State, which is not
equipped and fitted with vehicle location tracking devices.

iii. Direct the respondents not to issue or renew fitness certificates to any vehicles in the
State, which are not equipped or fitted with VLT devices and emergency buttons.

3. As both the writ petitions are filed for strict implementation of Vehicle
Location Tracking Devices (VLTDs) in the motor vehicles, they are taken up
together and disposed of by a common judgment

36. By notification dated 25.09.2018 issued by the Ministry of Road Transport and
Highways [Exhibit-P2 in W.P.(C) No.20500/2020], Central Government have
exempted installation of vehicle location tracking device and emergency buttons
till January, 2019, in all public services vehicles registered upto 31.12.2018. The
Central Government has also empowered the State Governments/Union
Territories, to specify the date for compliance of the requirements.

40. Reading of the above, makes it clear that considering the representation of
various associations of the Motor Vehicle Industry and the financial crisis of the
Kerala State Transport Corporation, Government of Kerala have decided to extend
the time for compliance of installing VLTDs upto 31.12.2020, and that there is no
exemption, as submitted by the learned counsel for the petitioner in W.P.(C)
No.20768/2020.

45. ……… though the Central Government have exempted goods vehicles from
the installation of Vehicle Location Tracking Devices, State of Kerala, in exercise of
the legislative powers conferred under Section 110(3) of the Act, have introduced
Rule 151A of of the Motor Vehicles Rules, 1989, making it mandatory that goods
vehicles also have to install the VLTDs, with effect from 01.04.2018, and that, the
Secretary to the Government, Transport Department, Government of Kerala, has
issued orders periodically, extending the time for compliance, for the installation
of VLTDs in the vehicles, mentioned in G.O.(P) No.41/2019/Tran dated
28.11.2019, and even appointed nodal officers for implementing installation of
VLTDs. If that be so, we are unable to understand, as to how the Secretary to the
Government, Transport Department, Thiruvananthapuram, in the statement dated
Extracts from Judgment of Honourable Chief Justice,
High Court of Kerala

12.11.2020, could submit that enforcement of Section 136A of the Motor Vehicles
Act, 1988 is not possible for the time being.

46. It is the contention of the Government that pursuant to the introduction of

Rule 151A of the Kerala Motor Vehicles Rules, 1989, with effect from 1.4.2018,
installation of VLTDs in educational institution buses and vehicles carrying school
children is over.

47. Kerala State Road Transport Corporation,………. has also stated that process
for purchasing VLTDs has been initiated, tender has been invited on 28.09.2020
for purchasing the 1 phase of devices, and it is in the final stage. According to the
st

KSRTC, there are 6200 buses and they have incurred huge expenses. Though
COVID-19 pandemic has been cited as one of the reasons, besides payment of
salary to the employees, expenditure incurred in maintenance etc., the same
cannot be accepted for the reason, from 1.4.2018, Rule 151A of the Kerala Motor
Vehicles Rules, 1989 is in force.

48. In fact restrictions due to COVID-19 pandemic started only in March 2020.
Income and expenditure of the Kerala Road Transport Corporation is not a new
feature, insofar as the Corporation is concerned. When the State Legislature, in
exercise of the powers under Section 110(3) of the Motor Vehicles Act, 1988, has
framed Rule 151A in the rules, and periodically issued orders, including Circular
No.19/2019 dated 1.1.2020, appointing Nodal Officers, for monitoring the
implementation of installation of VLTDs and Emergency buttons, the same has to
be done effectively, towards enforcement of the rule. Contention of the petitioner
that action of the Government of Kerala, in extending the time for implementation
of installation of VLTDs is arbitrary and mala fide cannot be accepted.

50. Having regard to the object of framing Rule 151A of the Kerala Motor Vehicles
Rules, 1989, safety of the commuters, in particular, women and children, and
taking note of the periodical orders issued by the Government of Kerala, a duty is
cast upon them to implement the rule and the notifications, without any further
delay. As regards enforcement of the rules, notifications and circular, the difficulty
expressed by the Government with respect to the vehicles coming from other
States, exempting the above said vehicles, is just and reasonable.

In the light of the above discussion, we dispose of the Writ Petitions

directing the Secretary to the Government, Transport Department, State
of Kerala, Thiruvananthapuram, respondent No.2 in W.P.(C) No.20768
of 2020,to effectively implement Rule 151A of the Kerala Motor Vehicles
Rules, 1989,notifications, and Circular No.19/2019, with effect from
1.1.2021.